Ok, and now for my next question. How did you manage to obtain a 401K if you are a non-resident alien? If you were here long enough to obtain a 401K, it stands to reason that you were here long enough to meet the substantial presence test and be taxed as a citizen, although technically I suppose that doesn't matter.

Since the 401K is US Source income, you will need to file a 1040NR for each year you make withdrawals from the 401K, and may or may not owe taxes, depending on how much you withdraw.

The only income not taxable to non-resident aliens would be income that is NOT US Source.

I worked for 7 years in the US and contributed to my employers 401k plan before I moved back to Europe 7 months ago. At this point, I'm a NRA with assets in a 401k account. Suppose, I'd want my money back do I have to pay federal tax or can I claim a tax treaty (Austria).

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